Common use of Real Estate and Personal Property Taxes Clause in Contracts

Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel (“Impositions”) during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel or upon this Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within ten (10) days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the Hotel. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (Apple Reit Six Inc)

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Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. subsection B below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel (Inn “Impositions”) during the he Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel Inn or upon this the Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayedstated. Any such payments shall be Deductions a Deduction in determining Operating Profit. Owner shall, within ten five (105) days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the HotelInn. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (Apple Hospitality Five Inc)

Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. 7.01.B below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel Inn (“Impositions”) during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel Inn or upon this the Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions a Deduction in determining Operating Profit. Owner shall, within ten five (105) days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the HotelInn. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (Apple Hospitality Two Inc)

Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. 4.11.B below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel (“Impositions”) during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel or upon this Agreement, unless (i) payment thereof is in good faith being contested and enforcement thereof is stayedstayed or (ii) available Gross Revenues are insufficient for the payment thereof. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within ten (10) calendar days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the Hotel. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (DiamondRock Hospitality Co)

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Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. subsection B below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel Resort ("Impositions") during the Term shall be paid by Manager from Gross RevenuesReceipts, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel Resort or upon this the Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within ten (10) business days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the HotelResort. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues Receipts and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s 's behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (Crescent Operating Inc)

Real Estate and Personal Property Taxes. A. Except as specifically set forth in Section 4.07.B. subsection B below, all real estate and personal property taxes, levies, assessments and similar charges on or relating to the Hotel Resort ("Impositions") during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel Resort or upon this the Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within ten (10) business days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the HotelResort. Either Owner or Manager (in which case Owner agrees to sign the required applications and otherwise cooperate with Manager in expediting the matter) may initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s 's behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities.

Appears in 1 contract

Samples: Management Agreement (Crescent Operating Inc)

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